Abuse

July 29, 2011

In 2011, the Center launched an online series of new Barbara Faye Waxman Fiduccia Papers On Women and Girls with Disabilities. The 2011 Barbara Faye Waxman Fiduccia Papers will present the self-defined perspectives of women with disabilities – both in the USA and globally – on such topics as: access to health care, reproductive rights and health, violence against women and girls, women and AIDS, educational equity, family life and parenting, employment and economic development, balancing work and family, participation in Government at every level – from local to national to international.

The Association for Airline Passenger Rights ("AAPR") today expressed outrage over the Transportation Security Administration's ("TSA") cruel treatment toward a 22-year old passenger with several mental illness despite concerns expressed by his family that he had the mental capacity of a 2-year old. The incident, which occurred at Metro Detroit's McNamera Terminal (DTW) while the family was flying to Disney World, demonstrates that an immediate need exists for TSA's to review its policies to prevent future abuse and humiliation of passengers with physical, sensory, cognitive and mental disabilities. AAPR contends that the incident violates the spirit of the Air Carrier Access Act of 1986 (ACAA).

"We don't accept airlines violating the rights of passengers with disabilities, and we need to hold our government to the same basic standards," argued Brandon M. Macsata, Executive Director of the Association for Airline Passenger Rights. "This sort of inexcusable treatment of a passenger with severe mental disabilities, who was under parental supervision at the time nonetheless, cannot and must not be tolerated. If it wasn't a violation of the ACAA law - which is designed to protect very basic rights afforded to passengers with disabilities - then it surely goes against the spirit of the law"...

June 09, 2011

The stories are beyond horrifying: an autistic boy crushed to death by a "restraint" gone awry; a disabled woman's diaper pulled aside as she is raped; an elderly woman left to lie on a urine-soaked box spring for six days after being beaten.

In two of the nation's largest states, major media investigations this spring revealed hellish conditions in institutions for the disabled: The New York Timesexposed ongoing violations, including physical and psychological abuse, in state-run homes for the developmentally disabled, while the Miami Heralduncovered similar tales of maltreatment and neglect in assisted-living homes for the elderly...

...On a February afternoon in 2007, Jonathan, a skinny, autistic 13-year-old, was asphyxiated, slowly crushed to death in the back seat of a van by a state employee who had worked nearly 200 hours without a day off over 15 days. The employee, a ninth-grade dropout with a criminal conviction for selling marijuana, had been on duty during at least one previous episode of alleged abuse involving Jonathan...

In the front seat of the van, the driver, another state worker at Oswald D. Heck Developmental Center, watched through the rear-view mirror but said little. He had been fired from four different private providers of services to the developmentally disabled before the state hired him to care for the same vulnerable population.

O. D. Heck is one of nine large institutions in New York that house the developmentally disabled, those with cerebral palsy, autism, Down syndrome and other conditions.

These institutions spend two and a half times as much money, per resident, as the thousands of smaller group homes that care for far more of the 135,000 developmentally disabled New Yorkers receiving services.

But the institutions are hardly a model: Those who run them have tolerated physical and psychological abuse, knowingly hired unqualified workers, ignored complaints by whistle-blowers and failed to credibly investigate cases of abuse and neglect, according to a review by The New York Times of thousands of state records and court documents, along with interviews of current and former employees...

How can recorded accounts of these institutions' mistreatment of residents and irresponsible management of funding be used to advocate for quality living situations for people with developmental disabilities? Please share your thoughts in comments below.

June 03, 2011

A group of disability advocates is charging that Facebook is turning a blind eye to profiles and pages on the social network that they say are offensive to people with disabilities.

In an open letter to Facebook CEO Mark Zuckerberg, advocates point to profiles and pages on the social network with names like “I am retarded and proud of it” and “Re Tard” that persist even after repeated reports to site administrators. They also claim that profiles critical of individuals with disabilities feature stolen photos of kids with special needs that have been ripped from personal Facebook pages.

More than 1,000 people have signed on to the letter spearheaded by Steven and Holly Tischer, who have a son with Down syndrome and run the organization Tischer’s Troops, which supports inclusion.

They plan to present the letter to Facebook officials on Wednesday by asking supporters to post it to the notes section of Zuckerberg’s Facebook page.

U.S. Departments of Transportation, Education and Labor Report Progress in Disability Rights Advocacy

By Jenifer Simpson, Government Affairs, AAPD

On Thursday May 27, 2011 AAPD participated again in the monthly disability outreach call that is hosted by Kareem Dale, Special Assistant to the President for Disability Policy. This briefing focused on recent efforts and some updates by the U.S. Departments of Transportation (DOT), Education (DOE) and Labor (DOL) on steps they are taking to implement and enforce non-discrimination of people with disabilities.

Transportation

The U.S. Secretary of Transportation, Ray LaHood, provided an update of his department’s various efforts to ensure accessible transportation, stating that accessibility is “One of our highest priorities at DOT,” and noted the importance of accessible transportation to employment, shopping and other activities. He also stated that “All people have physical limitations and all can expect disabilities as they get older.”

Travel: He said DOT will be celebrating the 25th Anniversary of the Air Carriers Access Act (ACAA) in the fall with an event. He mentioned the ADA regulations issued in 2010 that ensure that boats and ships don't discriminate, that is, vessel operators cannot charge extra for accessibility related services, cannot require someone to have an attendant and must have knowledgeable people available with information about accessibility and to resolve concerns of people with disabilities. He also said DOT was working with the U.S. Access Board on several rulemakings for construction guidelines for passenger vessels and on accessible public rights of way, such as streets, sidewalks and intersections. He said that they were also working to finalize regulations on new and altered rail stations so people with disabilities can have access.

Airplanes and Airports: LaHood said DOT would issue Notices of Proposed Rulemaking (NPRMs) soon. One will focus on airport and airline accessibility such as check-in areas, kiosks, airline websites, accessibility of in-flight entertainment, toilets on single-aisle planes, and service animals for psychiatric support. Another NPRM will focus on airport services such as service animal relief areas, captioning of waiting area TVs, and lifts used for getting on planes.

Enforcement: LaHood reported on DOT efforts to conduct better ACAA enforcement noting settlements with air carriers last year and civil penalties ranging from$125,000 to over $2 million, the largest ever assessed by DOT for a non safety-related violation.

Education

Russlynn Ali, the Assistant Secretary for Civil Rights at the U.S. Department of Education (DOE) then spoke about the Office of Civil Rights division (OCR) at DOE and made an announcement about accessible technology in education.

Enforcement: She said that OCR has twelve regional offices around the nation that enforce Section 504 of the Rehabilitation Act and Title II of the ADA. She said these offices field complaints from everyone and urged call listeners to contact these regional offices. She said that “Secretary Duncan wants to work proactively with schools, colleges and universities to ensure non-discrimination” and “to help with compliance on front end.” She said they have conducted nineteen compliance reviews over past the past two years, leading to improving education opportunities for many students with disabilities.

Accessible Technology: In follow-up guidance that DOE sent in June 2010 to college and university presidents on accessible E-book readers and other technology, Assistant Secretary Ali has now sent a new guidance letter on technology for students with disabilities. This “Dear Colleague” letter was sent to elementary and secondary schools, institutions of higher education, school boards, school superintendents and others on May 26, 2011. Ali said the new guidance “makes it clear that any emerging technologies, especially E-book readers, needed to be fully accessible” or other accommodations to disability “made in a timely way.” She said that the guidance includes an FAQ and other material and suggestions for teachers and others be as proactive and responsive as possible. Letters and Guidance are below.

Labor Department

Patricia Shiu, the Director of the Office of Federal Contract Compliance Programs (OFCCP) at the U.S. Department of Labor then spoke. She said OFCCP “is totally committed to full employment of people with disabilities, to have access to good jobs and to retain those jobs.” She noted that her office is one thirty of federal agencies that enforces civil rights and is “on the front lines for those who seek work and who are at work.” She said that “OFCCP was born in civil rights era.” She said that “those who contract and subcontract with the federal government must not discriminate in employment,” adding that “taxpayer dollars should never be used to discriminate.”

She said that one in four Americans works for a company with a federal contract, which is about 200,000 companies who receive over $700 million dollars annually. She said “enforcement actions should have positive ripple effect,” and her office has “a legal and moral responsibility to the public trust we hold.” She added that “being a federal contractor is a privilege, not a right, and they must abide by the law.”

New Regulations: Shiu said they were in the process of reforming the current OFCCP regulations. Last July 2010 they began the process with an Advance Notice of Proposed Rulemaking (ANPRM) on Section 503 non-discrimination requirements in the Rehabilitation Act of 1973. With receipt of comments from the ANPRM they have drafted a Proposed Rule on affirmative action and non-discrimination obligations of federal contractors and their subcontractors, sent to OMB on May 24, 2011, and which is under interagency review before it will be released for further public comments.

Ms. Shiu spoke about herself briefly, saying she had been a civil rights attorney for over 26 years, representing immigrants, people for whom English is a second language, garment workers, African American factory workers and people with disabilities. She said that “work is not about a paycheck but also about respect and self worth and financial security.” She added that “Workers want to be valued and want to work.” She also reiterated the Administration’s commitment to hire 100,000 people with disabilities over the next five years and that DOL is working on that.

Other Updates

Housing Lawsuit: Following these federal department updates, Kareem Dale provided some updates such as on the recent filing of a suit by US DOJ against the owners, developers, designers and construction company for nine multi-family housing buildings in Louisiana, Mississippi and Tennessee. These complexes comprise over 2,000 apartments and the investigation is looking at accessibility of the apartments and access to the leasing offices among other issues.

Accessible Money: Kareem Dale then mentioned the recent release by the U.S. Bureau of Engraving of a free downloadable app called “Eye Note.” This can be used by blind people on I-phones to read the denomination of money. Dale noted how “Technology when accessible, gives access” and send he uses the app himself.

Presidential Citizen’s Medal: Dale said that the White House was still receiving nominations for the 2011 Presidential Citizens Medal, and that the close date was May 31 and encouraged listeners of the call to visit the website, see who has been nominated or to submit a nomination.

Director of Massachusetts "Shock School" Resigns After Being Indicted on Criminal Charges

Dear Supporters,

Today, we can celebrate a small victory. The director of the Judge Rotenberg Center (JRC) of Massachusetts, which uses electric shocks to punish children and young adults with disabilities, has resigned in the face of criminal charges. Disability Rights International documented the use of electric shock and long-term restraints at this facility in our report Torture not Treatment published last year. Matthew Israel, founder and director of JRC, was charged with misleading a grand jury and destroying evidence in relation to an incident in 2007 in which a prank phone call to the center from a person posing as an employee led to two children with disabilities being given dozens of electrical shocks for absolutely no reason. One of these children was restrained and given 77 shocks over three hours.

Yesterday, Israel accepted a court settlement which requires him to resign as director, and sentences him to five years of probation...

Matthew Israel's tactics have been condemned as barbaric and savage by many top medical and mental health professionals.By Patricia Wen and Brian McGrory

The founder of the controversial Judge Rotenberg Educational Center is scheduled to face criminal charges in Dedham today arising from a night in 2007 when two special needs teenagers at the center were wrongfully administered dozens of electrical shocks, according to the father of one of the victims and another person with knowledge about the case.

In a deal reached with the state attorney general's office, Matthew Israel, 77, is expected to be spared prison time in return for stepping down from the Canton-based center that he founded 40 years ago and accepting a five-year probationary term, said Charles Dumas, the father of one of the two victims in the 2007 case who said he spoke yesterday with prosecutors. As part of the agreement, the school's day-to-day activities will also be overseen by a court-approved monitor...

The Rotenberg Center consistently receives state approval to continuing operating, despite administering skin-shock treatments to students as a disciplinary measure. How can this story be used to advocate against the use of seclusion and restraints? Share your thoughts in comments below.

May 19, 2011

The Miami Herald found that special homes for people with mental illness are often shoddily run, with residents left without critical psychiatric and medical help.

By Carol Marbin Miller, Rob Barry and Michael Sallah

For the residents of Hillandale, punishment was swift and painful: violent takedowns, powerful tranquilizers that made them stumble and drool, and staffers who would scream and tackle them when they misbehaved.

Last April, the staff protested the removal of a 47-year-old man — frail and mentally retarded — who said he wanted to move, while residents shouted and blocked the path of state workers trying to safely escort him from the home.

While most assisted-living facilities (ALFs) are designed to care for the elderly — providing help with everyday tasks — Florida licenses facilities like Hillandale to also care for people with severe mental illness. Created a generation ago, the special homes were the state’s answer to providing housing for thousands left in the streets after the historic closings of Florida’s psychiatric institutions.

But The Miami Herald found dozens of the homes are so poorly run that residents are forced to languish without crucial needs — including medication and psychiatric help — leaving their care to police and rescue workers.

The Herald’s examination of Florida’s 1,083 homes for people with mental illness, including a review of state inspection reports, police investigations, court records and interviews with mental health experts, found:

• Regulators find nearly twice the rate of abuse and neglect at the special homes, including caretakers beating and sexually molesting residents.

• State agents have caught nearly 100 homes using illegal restraints since 2002 — including doping residents with tranquilizers without doctor’s approval, tying them with ropes and locking them in isolation rooms — only to catch them doing it again.

• Florida’s requirements to run a home for people with mental illnesses are among the lowest in the nation: a high school diploma and 26 hours of training — less than the state requirements for barbers, cosmetologists and auctioneers.

• Caretakers are routinely caught intoxicated, asleep and even abandoning their posts entirely — often with severe consequences to residents, but rarely to the operators.

May 17, 2011

New TASH Parent Guide on Prevention, Identification and Response to Restraint & Seclusion

The process of finding help when a child is abused is not always clear, and many parents are discouraged or overwhelmed by the patchwork of laws and regulations handling restraint and seclusion in schools. For this reason, TASH has released a new parent guide, Shouldn’t School Be Safe?, available as a free resource at TASH.org. Shouldn’t School Be Safe? was developed for parents and by parents, and offers insight and advice to respond to and prevent restraint and seclusion.

Frankie Mastrangelo is the moderator for both the Justice For All (JFA) national email listerv as well as for the JFActivist blog. She is also an organizer for the American Association of People with Disabilities in Washington, D.C.